HomeMy WebLinkAbout131-23 RESOLUTIONY
AT .
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 131-23
File Number: 2023-744
GAPVAX INC. (PURCHASE CONTRACT):
A RESOLUTION TO APPROVE THE PURCHASE OF A GAPVAX EXCAVATOR FROM GAPVAX, INC. IN
THE AMOUNT OF $665,575.70, PLUS ANY APPLICABLE SALES TAXES AND FREIGHT CHARGES,
PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, AND TO APPROVE A
BUDGET ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the purchase of a 2024 GapVax
HV56 Wet/Dry Hydro Excavator from GapVax, Inc. in the amount of $665,575.70, plus any applicable sales taxes and
freight charges, pursuant to a Sourcewell cooperative purchasing contract.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of
which is attached to this Resolution.
PASSED and APPROVED on June 6, 2023
Page 1
Attest:
AN GLERK j:'fi�A''
�.V.. clry� ;may -�
; . ,.
Kara Paxton, City Cle Treasurer
��i tii►i0�
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JUNE 6, 2023
TO: Mayor Jordan and City Council
THRU: Ross Jackson, Jr., Fleet Operations Superintendent
FROM: Terry Gulley, Asst Public Works Director - Ops
DATE:
SUBJECT: GAPVAX HYDRO EXCAVATOR
RECOMMENDATION:
CITY COUNCIL MEMO
2023-744
COUNCIL APPROVES A RESOLUTION TO PURCHASE ONE (1) 2024 GAPVAX HV56 WET/DRY HYDRO
EXCAVATOR WITH A SOURCEWELL COOPERATIVE PURCHASE PRICE OF $665,575.70 PLUS
APPLICABLE TAXES AND FREIGHT CHARGES FROM GAPVAX INC. OF JOHNSTOWN PA AND
APPROVE A BUDGET ADJUSTMENT.
BACKGROUND:
This Hydro Excavator will be an expansion unit to the Water and Sewer Division.
DISCUSSION:
A large number of water leak repairs made by Water/Sewer are service lines that are located in customer's
yards or crowded general utility easements, utilizing the hydro excavator is the safest, most efficient, and least
invasive method to perform these repairs. The Water and Sewer Division repairs over 1,300 water leaks
annually. Hydro excavation also eliminates the need to wait for utility locates before making a repair whereas
traditional excavation requires locate requests through 811 — Call Before You Dig. A hydro excavator would
allow Water/Sewer to improve efficiency when making water leak repairs. It is a safer method of excavation
when working near electric and gas lines, and it would allow the sewer vac trucks to be utilized more for its
original intention in maintaining the sewer system rather than assisting with water leak repairs. This would also
decrease wear and tear on the vactor trucks saving money on maintenance costs, decreasing downtime and
increasing availability of their use.
BUDGET/STAFF IMPACT:
A budget adjustment will be submitted with this request. This purchase was approved at the May 9th 2023
Equipment Committee.
ATTACHMENTS: 2023-744 SRF GapVax Hydro Excavator W&S, 2023-744 BA GapVax Hydro Excavator
W&S, GapVax Sourcewell Quote
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
== City of Fayetteville, Arkansas
Y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-744
GAPVAX HYDRO EXCAVATOR
A RESOLUTION TO APPROVE THE PURCHASE OF A GAPVAX EXCAVATOR FROM
GAPVAX, INC. IN THE AMOUNT OF $665,575.70, PLUS ANY APPLICABLE SALES TAXES
AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING
CONTRACT, AND TO APPROVE A BUDGET ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the purchase of a
2024 GapVax HV56 Wet/Dry Hydro Excavator from GapVax, Inc. in the amount of $665,575.70, plus
any applicable sales taxes and freight charges, pursuant to a Sourcewell cooperative purchasing contract.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
Page 1
Ross Jackson
Submitted By
City of Fayetteville Staff Review Form
2023-744
Item ID
6/6/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
5/10/2023 WATER SEWER (720)
Submitted Date Division / Department
Action Recommendation:
COUNCIL APPROVES A RESOLUTION TO PURCHASE ONE (1) 2024 GAPVAX HV56 WET/DRY HYDRO EXCAVATOR
WITH A SOURCEWELL COOPERATIVE PURCHASE PRICE OF $665,575 PLUS APPLICABLE TAXES AND FREIGHT
CHARGES FROM GAPVAX INC. OF JOHNSTOWN PA. AND APPROVE A BUDGET ADJUSTMENT.
9700.770.1920-5802.00
Account Number
02077.2023
Project Number
Budgeted Item? Yes
Does item have a direct cost? Yes
Is a Budget Adjustment attached? Yes
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
SHOP
Fund
Fleet - Construction Equipment
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 1,657,303.00
$ 862,338.68
5 794,964.32
$ 665,575.70
$ 665,576.00
e. 794,964.62
Previous Ordinance or Resolution #
Approval Date:
V20221130
City of Fayetteville, Arkansas - Budget Adjustment (Agenda)
Budget Year Division Adjustment Number
/Org2 FLEET OPERATIONS (770)
2023
Requestor: Ross Jackson
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
COUNCIL APPROVES A RESOLUTION TO PURCHASE ONE (1) 2024 GAPVAX HV56 WET/DRY HYDRO EXCAVATOR WITH A
SOURCEWELL COOPERATIVE PURCHASE PRICE OF $665,575 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM GAPVAX
INC. OF JOHNSTOWN PA AND APPROVE A BUDGET ADJUSTMENT. (WSEW_F103 / #9337)
COUNCIL DATE: 6/6/2023
ITEM ID#: 2023-744
Nolly Black
517012023 77:32 RM
Budget Division Date
TYPE: D - (City Council)
JOURNAL#:
GLDATE:
RESOLUTION/ORDINANCE
I
CHKD/POSTED:
TOTAL
Account Number
665,576 665,576
Increase / (Decrease)
Expense Revenue
Project.Sub#
Project Sub.Detl
AT
v.2023323
Account Name
5400.720.1840-5801.00
(665,576)
13019
1
EX
Fixed Assets
5400.720.1840-7602.70
9700.770.1920-6602.40
665,576 -
- 665,576
13019
02077
1
2023
EX
RE
Transfers To Funds - Shop
Transfer from Fund - Water & Sewer
9700.770.1920-5802.00
665,576 -
02077
2023
EX
Vehicles & Equipment - base
I of 1
SOURCEWELL CONTRACT NO. 101221-GPV
CiapVax,
PREPARED BY
GapVax, Inc
575 Central Ave.
Johnstown, PA 15902
PREPARED FOR
Aaron Watkins
City of Fayettevill, Arkansas
QUOTE
CHA001
STD
STD
STD
STD
STD
STD
STD
STD
STD
STD
A2A
A24P
A3
A6C
A350Q
A35OR
A23
A33A
A44
STD
STD
STD
STD
STD
STD
2023 HV56 WET/DRY HYDRO EXCAVATOR
QUOTE ID: 23149 Rev 4
April 20, 2023
NOTE: THE GAPVAX HV UNIT MAY EXCEED FEDERAL BRIDGE ALLOWABLE WEIGHTS WHEN LOADED WITH WATER, OR DEBRIS,
AND/OR BOTH WATER AND DEBRIS COMBINED. PLEASE CONSULT FACTORY.
CHASSIS OPTIONS
2023 PETERBILT 567 - 500 HP - 315" WHEELBASE
1
CUMMINS X15-500 V RATED FOR 500 HP @ 1900 RPM AND 1850 LB -FT @ 950 RPM
ALLISON 4500 RDS-P TRANSMISSION
CAB PAINTED FACTORY WHITE
STOCK CHASSIS ARE SUBJECT TO PRIOR SALE, LIMITED QUANTITY ARE AVAILABLE
DEBRIS BODY OPTIONS
15 USABLE YARD DEBRIS TANK MADE OF 1/4" ASTM A-572 GRADE 50 EXTEN STEEL
BOLT -ON CYCLONES AND CYCLONE DUMP CHUTE
TOP -LOADING MATERIAL BACKED BODY INLET
FULL -OPENING REAR TAILGATE
FOUR HYDRAULIC REAR DOOR LOCKS
DUAL TAILGATE LIFT CYLINDERS
FRONT MOUNTED HOIST CYLINDER, POWER UP AND DOWN
STAINLESS STEEL TAILGATE SEALING ROD
1
1
::::I
STANDARD
STANDARD
STANDARD
STANDARD
STANDARD
STANDARD
STANDARD
STANDARD
THREE TIE -OFFS ON TOP OF THE BODY
STANDARD
SEMI -CIRCULAR BODY BAFFLE WITH SURGE BAR
STANDARD
DECANT AT BOTTOM OF TAILGATE - 6" BRASS LEVER VALVE
1
DECANT HALF WAY UP TAILGATE - 4" BRASS VALVE
LIQUID LEVEL INDICATOR ON TAILGATE
PUMP OFF SYSTEM - 4" SLUDGE PUMP WITH SILICONE CARBIDE SEALS REQUIRES J303
UPGRADE FLOAT BALL CAGE TO STAINLESS STEEL
1
1
1
1
UPGRADE TAILGATE LL INDICATOR TO SS 1/2" ROD INSIDE TAILGATE
1
ELECTRIC VIBRATOR ON DEBRIS TANK
STANDARD
TAILGATE SPLASH SHIELDS - WELDED TO TANK
1
PNEUMATIC TAILGATE PROP (IN ADDITION TO STANDARD TAILGATE PROP ROD)
REQUIRED
PNEUMATIC ACTUATED BODY PROP
WATER TANK OPTIONS
1,200 GALLON WATER TANK MADE OF 1/4" ASTM A-572 GRADE 50 EXTEN STEEL
WATER TANK COATING NOT WARRANTIED
STANDARD
STANDARD
STANDARD
3" WATER FILL LINE WITH 3" Y-STRAINER AND ANTI -SIPHON
STANDARD
WATER LEVEL SIGHT TUBE ON CURBSIDE
STANDARD
2" WATER TANK DRAIN
STANDARD
STD
B300
B305
C300
STD
STD
STD
STD
STD
STD
C320
C321
C330A
C399
D30
D317HAE
D25B-PM
D4-HX+RAV
D372A
D21
D18
D28
D34
D35B
E300
E321A
E323
E329
E324
E325A
G26
G14
G16
G312B
20" MAN WAY ON WATER TANK
STANDARD
UPGRADE TO BUTTERFLY VALVE IN SUPPLY LINE
MOUNTED AT REAR HINGE PIN
REQUIRED
ADD 3/4" BALL VALVE AND SPOUT TO WATER TANK SIGHT GLASS
1
VACUUM SYSTEM OPTIONS
HIBON 8702 VACUUM PUMP 5250 CFM AND 27" HG
STANDARD
12" LIQUID SHUTOFF STAINLESS STEEL FLOAT BALL
STANDARD
SINGLE MODE WET/DRY FILTRATION WITH (6) BOLT -ON EZ-DECON CYCLONES
STANDARD
BAGHOUSE WITH (40) POLYESTER FILTER BAGS
STANDARD
AIR -POWERED PULSATORS FOR CLEANING FILTER BAGS
STANDARD
NOISE AND VIBRATION DAMPENING MOUNTS
STANDARD
ULTRA QUIET EXHAUST/INTAKE SILENCERS
STANDARD
VULKAN VIBRATION DAMPENER ON BLOWER
HIGHLY RECOMMENDED
1
8" VACUUM RELIEF VALVE
HIGHLY RECOMMENDED
1
UPGRADE FILTER BAGS TO 285 DEGREE ACRYLIC BAGS
1
REMOVE STANDARD PULSATOR SYSTEM EXCEPT FOR TUBES ON BAGHOUSE DOORS
1
HX WATER SYSTEM OPTIONS
HX PUMP MUST BE
STAINLESS BOX 78" WIDE X 28" DEEP X 24" TALL PUMP ENCLOSURE
HYDRAULICALLY DRIVEN
1
19 GPM / 2,900 PSI GIANT LP200-SS-GB, HYDRAULICALLY DRIVEN VIA AUTO TRANS PTO
REQUIRES J303A, G26, G330B
1
(FIXED SPEED HYDRAULIC CONTROL)
INCLUDES PUSH LEVER AIR
UPGRADE STD REEL TO HD AIR MOTOR RETRACT HOSE REEL WITH 1/2" X 100' HOSE
1
CONTROL
PNEUMATICALLY OPERATED HX WATER PRESSURE RELIEF VALVE IN LIEU OF 3-WAY
AND UPGRADE HOSE REEL VALVE TO P/N: VAL022790 REMOTE ACTUATED INTEGRATED
REQUIRES D307HA OR D317HA AND
1
G312A OR G312B
OPTION D4-HX CONTROL (G2B)
HEATED CABINET FOR PUMP AND HOSE - VIA ENGINE COOLANT SYSTEM
REQUIRES D30 AND ENGINEERING
1
APPROVAL
COLD WEATHER RECIRCULATION VIA AUTO TRANSMISSION
REQUIRES D300 OR D315
1
AIR PURGE SYSTEM - PUMP, REGULATOR, HOSE REEL
1
GLYCOL INJECTION SYSTEM
1
BURNER SYSTEM - MOUNTS ONLY
REQUIRES VERTICAL SILENCERS
1
1/2" HX LANCE WITH 6' EXTENSION AND RIPSAW NOZZLE
1
BOOM OPTIONS
TUBE IN TUBE BOOM - EXTENDABLE - 17' - 25' REACH FROM CENTER OF TRUCK,
INCLUDES VERTICAL SILENCERS
1
UPGRADE TO REINFORCED BOOM ELBOW (TUBE -IN -TUBE STYLE ONLY)
REQUIRES E300
1
3" CLEANOUT DOOR ON BACK OF BOOM CANNON
1
BOOM HYDRAULIC HOSE SUPPORT ARM
1
BOOM DOCKING PORT
1
BOOM TUBE EXTENSION TO BE DOCKED AT BOTTOM OF FRAME
1
CONTROLS, GAUGES, ACCESSORIES OPTIONS
DM430 DISPLAY MOUNTED ON SIDE CONTROL PANEL, SAFETY SYSTEM INCLUDES
REQUIRES G330B
1
WATER PUMP ENGAGE SWITCH,
WATER LEVEL, LOW WATER SHUT DOWN, WATER PUMP FLOW AND HOURS
INCLUDED
ENGINE / PUMP OVER SPEED SHUT DOWN, LOW PTO OIL PRESSURE WARNING
INCLUDED
WATER TEMPERATURE SENSOR WITH SHUT DOWN
INCLUDED
BODY UP LIGHT & ALARM IN CAB
1
BOOM UP LIGHT & ALARM IN CAB
1
1
AARCOMM WIRELESS REMOTE WITH BOOM, VACUUM AND WATER FUNCTIONS
G312B-ATD
G340A
G330B
STD
STD
STD
HOA
H1
H5B
H6B
H301B
H302B
H8B
H18C
H22
1300B
17C-DS
1303
114
119
120A
STD
STD
STD
STD
STD
STD
J300
J001
J101
J2
J303A
J4A
J14C
J16D
STD
ADDITIONAL AARCOMM TRIDENT TRANSMITTER (ONLY ONE CAN BE OPERATIONAL ATA
TIME)
REQUIRES OPTION G310B OR
G312B
INCLUDED
25' GROUNDING CABLE
HIGHLY RECOMMENDED
1
16" X 20" STAINLESS CONTROL BOX WITH WINDOW ON CURBSIDE
LIGHTING
TRUCK-LITE LED STOP, TURN, AND TAIL LIGHTS
1
STANDARD
TRUCK-LITE LED RUNNING (MARKER) LIGHTS
STANDARD
UPGRADE STOP/TAIL/TURN LIGHTS TO LED
STANDARD
UPGRADE STOP/TAILITURN LIGHT BOX TO POLISHED STAINLESS STEEL
STANDARD
ONE LED STROBE BEACON LIGHT - FRONT (SAE CLASS-1 (SAE J595) COMPLIANT)
(WHELEN L10 OR EQUAL)
1
(2) BOOM WORK LIGHTS - HELLA LED WORK LIGHTS (PN: LHT022429)
1
(2) REAR WORK LIGHTS - HELLA LED WORK LIGHTS (PN: LHT022429)
1
(2) CYCLONE WORK LIGHTS - HELLA LED WORK LIGHTS (PN: LHT022429)
1
(2) BAGHOUSE WORK LIGHTS - HELLA LED WORK LIGHTS (PN: LHT022429)
(2) PUMP AREA WORK LIGHTS - HELLA LED WORK LIGHTS (PN: LHT022429)
REAR WHELEN ION SUPER LED FLASHERS - 6 LIGHT HEADS
3 ON EACH SIDE REAR (1 @ 45 DEGREES)
REAR ARROW LIGHT - LOW PROFILE LED ARROW STICK (CLASS-1 (SAE J595))
STORAGE OPTIONS
TWO FOLD -DOWN TUBE TRAYS
(WHELEN TAM85 OR EQUAL)
1
1
1
1
1
1
INCLUDES SUBFRAME (J302), WASH OUT HOLES, STAINLESS MUD FLAPS AND WHEEL
CHOOCKS & HOLDERS ON EACH SIDE
INCLUDED
36" TOOL BOX - STAINLESS STEEL, 36" WIDE X 24" HIGH X 24" DEEP, DRIVER'S SIDE
1
ALUMINUM 24" X 24" X 48" TOOLBOX ON BURNER MOUNT
REQUIRES D34
1
TRAFFIC CONE HOLDER ON DRIVER'S SIDE
INCLUDES CONES
1
25' HOSE RACK
1
REAR DRAIN HOSE RACK FOR 6" LAYFLAT HOSE X 15' LONG
OPTIONSCHASSIS
INSTALLATION AND INTEGRATION OF BODY ONTO CHASSIS
1
INCLUDED
DOT LIGHTING / FENDERS / MUD FLAPS / TAILGATE SAFETY PROP, ICC LIGHTS
STANDARD
BODY SAFETY PROP
STANDARD
60 GALLON HYDRAULIC OIL TANK
STANDARD
REAR BUMPER
TRIANGLE KIT, FIRE EXTINGUISHER, BACKUP ALARM
MID -SHIP MOUNTED (SPLIT -SHAFT) TRANSFER CASE WITH TOP DISCONNECT
STANDARD
STANDARD
REQUIRED
MUST BE "OMSI" BRAND TRANSFER CASE IN LIEU OF "NAMCO" OR OTHER (CONSULT
ENGINEERING)
NOT AVAILABLE WITH "SPL"
SERIES CHASSIS DRIVELINE
1
UPGRADE TO 8" BODY LIFT CYLINDER UPGRADE, 175" STROKE
MODEL HV56-1200 OR 1400 GALLON
X-LONG BODY ONLY
REQUIRED
TRANSFER CASE OIL LEVEL SIGHT GLASS
1
ADD TWO HYDRAULIC OIL COOLERS TO CIRCUIT
TOW HOOKS - REAR - HEAVY DUTY - WELDED
20,000 LB LIFT AXLE MOUNTED IN THE PUSHER POSITION
3/4" WELDED PINTLE PLATE WITH DUAL GUSSETS AND REMOVABLE REAR STEP
BUMPER
PAINT OPTIONS
PAINTED WITH PPG FLEET URETHANE PAINT
REQUIRES J16
1
1
1
1
STANDARD
STD
PAINT BODY WHITE
STD
PAINT FRAME BLACK
STD
PAINT PARTS AND BOOM BLACK
STD
FLEET FINISH
STD STANDARD - 8" TO 6" RINGLOCK REDUCER
STD STANDARD - 6" IN -LINE SAFETY VACUUM BREAK TEE
STD STANDARD - GAPVAX SAFETY DECALS
M3 FILL HOSE 25' X 2 1/2"
M29D FOUR CAMERA - BACK-UP CAMERA SYSTEM WITH 7" COLOR MONITOR (RV-805A),
INCLUDES DVR-916 REAR, DVR-921 FRONT, AND TWO (2) DVR-920 SIDE CAMERAS. SIDE
M334 HEAVY DUTY ALUMINUM HX TUBE, 8" X 5' X 0.090" WALL WITH PRESSED IN STEEL ENDS STD 8" RING LOCK
M36 HEAVY DUTY ALUMINUM HX TUBE, 8" X 6' X 0.090" WALL WITH PRESSED IN STEEL ENDS STD 8" R.L. SOFT TIP
AND SOFT TIP END
M35 8" RING LOCK TUBE CLAMP, EACH (P/N: CLA000978) STD 8" RING LOCK
STD ONE PAPER OPERATOR'S MANUAL
STD ONSITE FACTORY TRAINING (1 DAY)
MATERIALS SURCHARGE
INSTALL CUSTOMER WATER METER
(EFFECTIVE MAY 1, 2022)
STANDARD
STANDARD
STANDARD
STANDARD
STANDARD
STANDARD
STANDARD
1
1
5
1
6
STANDARD
STANDARD
1
GapVax
PRICING SUMMARY
PRICE OF BASE UNIT WITH OPTIONS: $ 695,945.00
SOURCWELL DISCOUNT:
DELIVERY: ($1,000 00 MINIMUW,,
SUBTOTAL:
SALES TAX:
FEDERAL EXCISE TAX (BODY):
FEDERAL EXCISE TAX (CHASSIS):
ALL PRICES ARE IN US DOLLARS
A469.3t
@ $4.00 PER MILE $ 4,100.00
665,575.70
TERMS: 15% DOWN PAYMENT. BALANCE DUE UPON COMPLETION IN THE EVENT OF THE PURCHASER'S DEFAULT AND TERMINATION OF THIS SALES
PROPOSAL AGREEMENT PRIOR TO START OF PRODUCTION, 25% OF THE DOWN PAYMENT SHALL BE FOREFEITED AND APPLIED TO GAPVAX, INC. AS
PART OF ITS DAMAGES. ONCE PRODUCTION HAS COMMENDED ON THIS SALES PROPOSAL AGREEMENT, IN THE EVENT OF THE PURCHAERS
CANCELLING THE SALES PROPOSAL AGREEMENT, OR FAILING TO ACCEPT DELIVERY, OR FAILING TO COMPLETE THE SALES PROPOSAL
AGREEMENT, THE ENTIRE DEPOSIT SHALL BE FORFEITED TO GAPVAX, INC BUT SUCH FORFEITURE SHALL NOT PREJUDICE ANY OTHER REMEDY
WHICH GAPVAX, INC. MAY HAVE FOR BREACH OF ANY OF THE SALES PROPOSAL AGREEMENT. IN THE EVENT OF A COMPLETED UNIT NOT BENG
FUNDED IN A PROMPT AND TIMELY MANNER, AN ADDITIONAL FEE WILL OCCUR TO COVER THE ADDITIONAL FLOOR PLAN EXPENSE
FEDERAL EXCISE TAX AND DELIVERY ARE LISTED. STATE SALES TAX IS NOT INCLUDED STATE SALES TAX AND VEHICLE REGISTRATION IS THE
RESPONSIBILITY OF THE PURCHASER EXLUDES ALL OTHER APPLICABLE TAXES, DUTIES, TARRIFS, BROKERAGE, OR DOCUMENTATION FEES
DELIVERY, IF COORDINATED BY GAPVAX, IS $3.00 PER MILE, $1,000 MINIMUM.
DELIVERY TERMS
TERMS OF DELIVERY SHALL BE F.O.B. SHIPPING POINT, JOHNSTOWN, PENNSYLVANIA, U S.A.
THIS PROPOSAL WILL REMAIN IN EFFECT FOR 30 DAYS UNLESS CHANGED IN THE ITERIM UPON WRITTEN NOTICE FROM THE COMPANY
BY SIGNING THIS PROPOSAL, PURCHASER THERBY EXPRESSES ACCEPTANCE OF EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN ANY
PURCHASE ORDER OR ACKNOWLEDGEMENT OFFERING TERMS INCONSISTENT WITH THE TERMS AND CONDITIONS HEREOF SHALL HAVE NO
BINDING EFFECT WHATSOEVER ON GAPVAX INCORPORATED (THE "COMPANY") OR THE TERMS AND CONDITIONS HEREOF. THIS DOCUMENT AND
THE OTHER DOCUMENTS SPECIFICALLY REFERED TO AS BEING A PART HEREOF CONSTITUTE THE ENTIRE CONTRACT ON THE SUBJECT MATTER,
AND SHALL NOT BE MODIFIED EXCEPT IN WRITING SIGNED BY BOTH PARTIES. ASSIGNMENT MAY BE MADE ONLY WITH WRITTEN CONSENT OF THE
OTHER PARTY
PLEASE RETURN A SIGNED COPY TO ESMITH@GAPVAX.COM
PURCHASE S ACCEPTA E: THE FOREGOING QUOTE 23149 Rev 4 IS
HEREBY AG�EPTED
By
Title. gq orI p
Date V' I V 1 �O� ✓
GapVax Incorporated
Terms and Conditions of Sale
1. ORDERS. All orders are subject to acceptance by an officer
of GapVax Inc. Orders for products not regularly carried in
stock or requiring special engineering or manufacture are in
every case subject to approval by an officer of GapVax.
2. PERFORMANCE. GapVax Inc. shall not be liable for failure
to complete the contract in accordance with its terms if
failure is due to wars, strikes, fires, floods, accidents, delays
in transportation or other causes beyond its reasonable
control.
3. EXPERIMENTAL WORK. Work performed at customer's
request such as sketches, drawings, design, testing,
fabrication and materials shall be charged at current rates.
4. SKETCHES, ENGINEERING DRAWINGS, MODELS and all
preparatory work created or furnished by GapVax Inc. shall
remain its exclusive property; and no use of same shall be
made, nor may ideas obtained therefrom be used, except
with the consent of and on terms acceptable to GapVax Inc.
5. CANCELLATION. Orders regularly entered cannot be
canceled except upon terms that will compensate GapVax
Inc. for any loss or damage sustained.
6. SHIPMENT. All proposals are based on continuous and
uninterrupted delivery of the order upon completion unless
specifications distinctly state otherwise. In the event that an
agreement is reached for GapVax Inc. to store completed
items, they will be immediately invoiced to the customer and
become due and payable. Storage shall be at the risk of the
customer and GapVax Inc. shall be liable only for ordinary
care of the property.
7. CUSTOMER'S PROPERTY. GapVax Inc. shall charge the
customer at current rates, for handling and storing
customer's property (e.g., truck chassis) held for more than
thirty (30) days after notification of availability for shipment.
All customer's property, or third party's property, that is
stored by GapVax Inc. is at the customer's or other party's
risk. GapVax is not liable for any loss or damage thereto
caused by fire, water, corrosion, theft, negligence, or any
cause beyond its reasonable control.
8. PRICES. All orders are subject to current prices in effect at
the time of order acknowledgment. Prices and Specifications
are Subject to Change Without Notice. PRICING
DISCLAIMER: While we make every effort to maintain and
preserve pricing accuracy, prices are subject to change
without notice. Although the information on this quotation is
presented in good faith and believed to be correct at the time
of printing, we make no representations or warranties as to
the completeness or accuracy of this information. We
reserve the right to change, delete, or otherwise modify the
pricing information which is represented herein without any
prior notice. We carefully check pricing specifications, but
occasionally errors can occur, therefore we reserve the right
to change such prices without notice. We disclaim all liability
for any errors or omissions in the materials. In no event will
we be responsible for any damages of any nature
whatsoever from the reliance upon information from these
materials. Please check your order to confirm your pricing
information.
9. F.O.B. POINT. Unless otherwise stated, all prices listed are
F.O.B. point of manufacture.
10. TAXES. Unless specifically stated, prices listed do not
include Federal, State, City or other excise occupation,
sales, use or similar taxes which are extra and are to be
added at rates in effect at time of shipment. If federal Excise
Taxes are included or listed on the reverse side of this
paper, they are stated at the rates and regulations in effect at
the time this order is written and are subject to revision in
accordance with rates and regulations in effect at time of
shipment.
11. PRODUCT IMPROVEMENT. GapVax Inc. reserves the right
to change manufacturing specifications and procedures
without incurring any responsibility for modifying previously
shipped products.
12. MOUNTING PRICES. Mounting prices assumes normal
factory installation on a truck chassis suitable for the unit
purchased. Relocation of batteries, gas tanks, mufflers, air
tanks, etc. will be an additional charge, billed at the standard
factory labor rate.
13. WARRANTY. GapVax Inc. warrants its products to be free
from defects in material and workmanship, subject to the
limitations and conditions set forth in its current published
warranty but makes no warranty of merchantability or fitness
for any particular purpose. GapVax Inc. does not assume
liability for any loss of product, time or any direct, indirect, or
consequential damage, losses or delay or any nature
whatsoever. No warranty, express or implied, is made or
authorized to be made and no obligation is assumed or
authorized to be assumed with respect to products of
GapVax Inc. other than that set forth in the current,
published warranty. It is to be understood that the
acceptance this order is expressly conditioned upon your
acceptance of GapVax Inc. standard written warranty for the
products sold hereunder GapVax Inc. hereby disclaims any
responsibility or liability for any consequential losses delays
or downtime resulting from orders hereunder the use of its
products. GapVax does not and will not warranty any tank
coating or tank lining. PTO damage is not covered when the
PTO protection system or low water shut down system is not
selected / installed / and operational. GapVax does not and
will not warranty any water system component(s) that show
any sign or indication of ice or freeze damage.
14. This agreement shall be construed according to the laws of
the State of Pennsylvania. Our failure at any time to exercise
any right we may have under the agreement shall not
constitute a waiver thereof nor prejudice our right to enforce
same thereafter.
15. This order, including the above terms and conditions
contains the complete and final agreement between the
parties hereto and no other agreement in any way modifying
any of said terms and conditions will be binding on us unless
in writing and agreed to by authorized representative of this
company.